Board of Supervisors Meeting Date:

Edward & Betsy Price, Michael & Patricia Jordan, Owners/Applicants

August 10, 2006


Staff Lead:



Bonnie Bogert, Planner

Community Development


Magisterial District: 


Cedar Run





A Resolution to Approve a Waiver to Allow a Right-of-Way Less Than Fifty Feet in Width, Cedar Run District


Topic Description:

The owners are seeking a waiver of Zoning Ordinance Section 7-302 1.C., Limitations, which would allow a right-of-way that is less than fifty (50) feet in width. In March 2006, an administrative subdivision was approved that created a five-acre parcel on the Price property. An existing fifty (50) foot easement was shown on the plat that appeared to meet the frontage and access requirement for the administrative parcel; however, the deed book references shown on the plat did not grant access rights to the parcel. Therefore, the administrative parcel lacks the required fifty (50) foot access. The administrative lot and the residue do have access from Courtney School Road (Route 637) over an existing farm road, and that access is now being proposed to serve both lots. A portion of this private street is approximately fifteen (15) feet wide and extends for approximately 300 feet. The access then proceeds over a 25-foot wide easement for approximately 300 feet. The remaining access is over a fifty (50) foot wide easement (See Attachment 2).

Attachment 1 provides a location map for the subject parcel in relation to the County and Courtney School Road (Route 637). Attachment 2 shows the existing and proposed easements to the administrative division. The applicants’ Statement of Justification is included as Attachment 3.


Planning Commission Action: 

On June 29, 2006, the Planning Commission unanimously recommended approval of the Applicant’s waiver of Section 7-302 1.C. of the Zoning Ordinance.  The Planning Commission staff report is available upon request.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.


Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:



1.      Vicinity Map

2.      Existing and proposed easements

3.      Statement of Justification

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